Court Action Against Your Landlord


I am following up on my blog of February 7, 2017 – Can I Sue My Landlord If I was Injured in My Apartment?

If you were injured because your landlord failed to keep your unit repaired and safe, you can sue your landlord. It has recently been confirmed that you have 2 years to start the lawsuit or court action of more than $25,000 against your landlord.

In the Letestu case, the tenant was injured when he tripped over a worn carpet in his apartment in January 11, 2010. He started a court action against his landlord on December 15, 2011.  The court determined that in accordance with the Residential Tenancies Act, the tenant had only 1 year to start his court action. The tenant’s claim was dismissed was it was commenced more than 1 year after the tenant was injured.

The Court of Appeal of Ontario recently took a closer look at this case. The Court of Appeal determined that tenants have 2 years to start a court action against their landlord.  When it come to determining how much time you have to start a court action, you must look at the Limitations Act, and not the Residential Tenancies Act.

If your claim is for less than $25,000, consult Ontario’s Landlord & Tenant Board for more information.

If you were injured because your landlord did not keep your unit or the building in a good state of repair, visit our website to request a meeting. Our initial meeting is always free. In most cases, we can offer you a contingency retainer agreement so that you will not have to pay anything unless and until your case either settles or you win at trial.

 

By Eliane Lachaîne of Burn Tucker Lachaîne Personal Injury Lawyers on August 02, 2017
Tags: Free Consultation, Negligence, Personal Injury